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Missouri Court Refuses to Enforce Non-Compete in Staffing Agency Fight...
A recent case out of the Eastern District of Missouri provides a perfect example of what judges should do when evaluating non-compete agreements: That is to say that judges should conduct a thoughtful...
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MDFL Dismisses Auto Repair Antitrust Claims, Eviscerates Plaintiffs’ Lawyers
In 2014, the Judicial Panel on Multidistrict Litigation consolidated a series of antitrust actions and transferred them to the United States District Court for the Middle District of Florida. The...
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Brokers Switching Firms: The Protocol and Recent Developments
In August 2004, Merrill Lynch, Citigroup, and UBS entered a pact not to sue one another over client relationships in their wealth management businesses. This pact was known in the industry as the...
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Non-Compete Nonsense: Louisiana Enforces Non-Competes Against Cardiologists...
A recent case out of the Louisiana Court of Appeal reminds us that some states will enforce physician non-compete agreements, even in the absence of a clear protectable interest and even where such...
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Physician Non-Compete Agreements and Antitrust
Antitrust claims based on employee non-compete agreements generally fail because the plaintiff cannot establish antitrust standing. In the Eleventh Circuit, the test for antitrust standing requires the...
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Another Frivolous Trade Secret Case: Court Finds Bad Faith in Cypress v. Maxim
Cypress Semiconductor Corporation and Maxim Integrated Products are two big Silicon Valley tech companies, both with an interest in touchscreen technologies. In February 2011, Maxim engaged a recruiter...
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Recapping Major Non-Compete News from Around the Nation
New Mexico has passed a new law that limits physician non-compete agreements. Although the law places some limitations on restrictive covenants for doctors, it is not an outright ban of such...
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Non-Compete Litigation & Consent Orders: A Recent NJ Case & Cautionary Tale
A recent case out of the United States District Court for New Jersey raises interesting issues related to non-compete litigation and consent orders. Let’s take a look: The underlying facts of the case...
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Non-Competes & Disintermediation (Cutting Out the Middle Man) – A Recent Case...
A recent case out of the District of New Jersey addresses disintermediation as a legitimate business interest in the non-compete context. Disintermediation is just a technical term for cutting out...
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Trade Secrets and Removal Based on Copyright Preemption
Jurisdiction and removal may not sound like hot topics, but these considerations are critical and sometimes dispositive. Real talk: Certain state court systems are terrible places to litigate. It’s one...
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Eighth Circuit Weighs in on Assignment of Non-Competes
A recent case out of the United States Court of Appeals for the Eighth Circuit raises some interesting issues related to assignment of employee non-compete agreements. Let’s take a look: Brandon...
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Stryker Losing Non-Compete Fight in Michigan (It’s Getting Ugly)
A very important decision out of the Western District of Michigan touches upon several important aspects of non-compete litigation and particularly non-compete defense. Not surprisingly, the case pits...
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Florida 5th DCA Says Referral Relationships Not Protectable
A recent case out of Florida’s Fifth District Court of Appeals raises important raises important issues related to physician non-compete agreements. Let’s take a look: Before addressing the specifics...
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More Non-Compete Nonsense: Journalist Fired in Non-Compete Debacle
Last week, the Wall Street Journal ran a story about non-compete agreements making it difficult for younger journalists to get new jobs and move up in the news world. The article focused substantially...
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AAMCO Loses Non-Compete Case Against Pro Se Former Franchisee
Let that sink in: AAMCO sued two former franchisees, a husband and wife couple, for breaching a non-compete agreement. AAMCO was represented in the litigation by a team of lawyers from three law firms....
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SDFL Denies Injunction in Non-Compete Fight Over Client Ernst & Young
A recent case out of the Southern District of Florida provides important guidance into the limits of non-compete agreements under Florida law. The case is one of the most comprehensive Florida...
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6th Circuit Upholds Jury Verdict on Forever Non-Compete Under Ohio Law
FOR-EV-ER. Remember The Sandlot? That’s what we’re talking about here. FOR-EV-ER. A recent decision out of Michigan and the United States Court of Appeals for the Sixth Circuit reminds us that some...
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Wells Fargo Denied Injunction, Constructive Trust Against Former Brokers
A team of insurance brokers left Wells Fargo, probably took $6.5 million in business with them and managed not to get enjoined. But they might be toast in the end and owe Wells Fargo lots of money....
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9th Circuit: Non-Competes Subject to Antitrust Analysis
I’ve been saying it for years: Non-compete agreements are restraints of trade and are subject to antitrust scrutiny. The United States Court of Appeals for the Ninth Circuit agrees. Before the court...
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Monopolists & Non-Compete Agreements
Let’s beat the same drum but only this time, take it a step further: Widespread Ignorance About Non-Competes & Antitrust Certain practitioners and judges have absolutely no understanding of the...
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